Never in their wildest dreams did Lisa age 20 and her best friend Kaylee age 21 would have thought when they left their dorm room headed to an off campus party for a night of food and fun with friends that they would end up in two different areas of the campus after being drugged, separated physically and sexually assaulted with only bruises and pain to indicate what had happened to them.
Who would have thought that after waking up in their dorm the following morning, each not knowing what had happened to the other that they would discover that they had both been drugged and sexually assaulted.
This is only one of many tragic experiences occurring on college campuses / universities, public and everywhere in the United States and abroad. While most cases of sexual harassment sexual misconduct and sexual assault are unexposed Lisa decided to report her assault to the college’s Title IX office.
The Title IX administration’s response was not to involve the police as they would handle it. The outcome of their investigation was to find the sexual abuser not responsible, a decision that was not fully investigated after it was determined that the sexual abuser was a senior. The following semester Lisa found herself in the same classroom with her abuser. Authorities in the Title IX office told her, “As long as they were seated on opposite sides of the classroom there should not be any issues.”
The nightmare continued after Lisa spoke to a reporter about the lack of interest and accountability, she received from the Title IX office. After bringing local media attention the university released a statement that they were fully committed to offering their full support, cooperation, and compassion to all students going through this immensely challenging and difficult time. Further stating that Title IX requires us to be fair and impartial in this exhaustive process that respects the right of rights of all parties involved. The administration declined to comment on the specifics of this case.
What’s more disturbing about going through these immensely challenging times is when you report that you’ve been sexually assaulted and the office overseeing your right to protection on campus, your right to protection from faculty and students who are attending the college / university is mishandled with little to no regard for the student who was sexually assaulted, no accountability for the Title IX office for their under investigating and failing to follow reporting procedures when confronted with a report of sexual assault.
It is our hope that every college / university we’ll take a critical look at their role and responsibility for protecting students from violent attacks, harassment, and sexual abuse on their campuses.
Reporting sexual assault is almost as difficult as surviving the attack itself because too frequently the abused are shrouded by fear, shame, and disbelief to have the ability to Internalize what has happened to them and then to report the horrific incident to others.
Title IX is a federal law this serves as a tool for deterring campus violence. The law requires colleges in receipt of federal funding to combat gender-based violence and harassment and immediately respond to survivors’ needs to ensure that all students have equal access to quality education. Title IX also prohibits gender-based harassment which is unwelcome conduct based on a student sex harassing conduct based on a student’s failure to conform to sex stereotypes. Sex-based harassment can be carried out by school employees, other students and third parties.
Title IX proceedings can easily result in your suspension expulsion or a mark on your transcript that will follow you with a code of contact conduct violation. There may or may not be a simultaneous criminal investigation happening at the same time. Each school’s code of conduct will provide the framework on how each school will administer any Title IX hearing. Communications will go directly to the student / respondent from the Title IX coordinator. Be sure to always forward such communications to your attorney should you have one.
Title IX offices at many universities are failing survivors. Many students have signed alternative resolution agreements and signed petitions; all alleging grievances based on the conduct that was alleged in formal complaints about the Title IX office mishandling cases at the universities where they attend. Petitions allege that the Title IX office reporting process is complex, rigorous, and emotionally trying with disincentivizes survivors from reporting sexual assaults and sexual misconduct. The Title IX offices should be a trauma enforced resource for survivors even as it seeks to fairly adjudicate allegations of sexual misconduct.
If you want to learn more about your rights or if you believe that a school, district, college, or university is violating federal law, you may contact the United States Department of Education Office of Civil Rights at 800-421-3481 or visit: [email protected]
